Fox News host Shepard Smith asked Lt. Gov. Peter Kinder (R) to discuss a statement Nixon gave earlier Tuesday, in which the governor said "a vigorous prosecution must now be pursued" in 18-year-old Michael Brown's death at the hands of a white police officer. The incident sparked over a week of ongoing, heated protests against law enforcement in Ferguson.

Smith kicked off the discussion by suggesting that the case may have "already been decided."

"Mr. lieutenant governor, isn't it possible that there might be a need for justice for this police officer?" he asked.

“It’s really heartbreaking to see a man elected to an office that high in our state government, the chief executive of Missouri state government, come out with a statement like that that does prejudge the case,” Kinder responded. "I've been asking for everyone to step back from a rush to judgement."

“It would be wrong for a prosecutor to say what the governor said here tonight and it’s wrong for the governor of Missouri to have said it,” he later added.